Texas hemp stores will have to stop selling smokable forms of cannabis Friday at 5 p.m....
62 posts from a reporting thread.
Read original at XTexas hemp stores will have to stop selling smokable forms of cannabis Friday at 5 p.m. unless a judge issues a temporary injunction.
Today is the LAST DAY of that hearing.
I'm in the media room at the Travis County Civil & Family Courts Facility with a clean audio feed. 🧵 https://t.co/KS1gqAjno8
Plaintiffs are challenging on four categories of the rules. https://t.co/Qt0zEMEPOz
The defense (state health officials represented by the Texas Attorney General's Office) call their witness: Dr. Timothy Stevenson.
Stevenson specializes in public health and food safety. He's worked for 7.5 years with the Department of State Health Services. He's Deputy Commissioner for Consumer Protection.
Works with programs like EMS, radiation, dealing with asbestos/lead, food and drug, etc.
Prior to working at DSHS, Stevenson served in the Army Veterinary Corps for 29 years. Here's his bio from the DSHS website. https://t.co/xHuzvHwKYr
Stevenson now answering basic questions about Delta-9 THC. Says all plants do not have the same levels.
"There are different varieties that farmers can choose from. .... THC acid is a precursor to THC Delta-9."
Texas AG lawyer: Why is it important to regulate Delta-9 THC?
Stevenson: "Because of the impact on the central nervous system, ... the state of our mind, and so those psychoactive products can have an impact on our mind."
Texas AG: "Is THCA psychoactive in its natural state?" Stevenson: "No." Texas AG: Can it be made psychoactive? Stevenson: Yes. "Heating is the most pronounced means of doing that."
Stevenson now explaining technical details of how they test for "total Delta-9 THC" (including THCA) with a method known as Gas Chromatography-Mass Spectrometry.
Texas AG: Using Gas Chromatography-Mass Spectrometry, at what rate does THCA convert to Delta-9 THC?
Stevenson: "87.7%"
Stevenson says he misspoke. With Gas Chromatography the THCA is converted to Delta-9, so you don't use the 87.7% factor. It's one to one. With liquid chromatography it's an 87.7% factor.
Stevenson says both methods are "quite expensive methods of testing." Texas AG: If both methods are valid, why not use the cheaper one? Stevenson: We've relied on gas chromatography for many things. Liquid chromatography is more expensive. More labs have gas chromatography.
Texas AG: Are there any regulations or laws saying these testing methods should only be used on pre-harvest plants?
Stevenson: The Texas Ag Department uses them, but there's nothing saying it can only be used for that purpose.
Texas AG: Have you noticed manufacturers are adding high amounts of THCA to gummies? Stevenson: No Texas AG: Why would cannabis manufacturers add substances to products that become psychoactive when heated? Stevenson: "With the intent that product would be converted."
Texas AG lawyer pulls up Governor Abbott's executive order on hemp on the screen. Here's that order. https://t.co/oYYsWeVUhB
Texas AG lawyer asks Stevenson to read this section of the order out loud, which mentions "bad actors have taken advantage of a dangerously under-regulated marketplace" https://t.co/iP4hgvtkcS
Texas AG lawyer asks Stevenson to read this section of Abbott's order out loud. https://t.co/MGKuUMy2qp
Now the Texas AG lawyer asks Stevenson to read this section of Abbott's executive order out loud. https://t.co/E1ebLle0uX
Texas AG lawyer continues asking Stevenson to read out various sections of Gov. Abbott's executive order.
Texas AG: "Why are we concerned about the dangers of THCA?"
Stevenson: "When converted in the intended form, it becomes THC Delta-9, which is psychoactive."
Texas AG: Are you aware of consumable THCA being added to consumable hemp products?
Stevenson: Yes.
Plaintiffs have been objecting on this question, asking what is Stevenson's personal knowledge. Objections sustained.
Similar version of the same question again. Another objection with plaintiff attorneys saying basically, he's not saying how he knows that. Judge says Texas AG lawyer needs to lay foundation for this question.
Now Texas AG asking how Stevenson would know.
Stevenson said he reviews certificates of analysis and inspection reports of consumable hemp products.
Plaintiffs object saying COAs don't say if the THCA has been added or not added, only the total levels.
Texas AG: Why would breeders cultivate a plant with low [Delta-9] THC but high THCA?
Stevenson now explaining more like how they would do it than why.
Texas AG: Why is it important for the state to test for THCA?
Stevenson: Texas Agriculture regulations. And products sold to consumers could have high THCA that converts to Delta-9 and is psychoactive.
Texas AG asks Stevenson to read some of the "strain of the week" listing off Elevate Wellness website.
Stevenson: "One puff and you’ll see why it’s a staff and customer favorite for total body relaxation and a clear, happy headspace." https://t.co/tHCfCx1HvO
Texas AG: "How does one 'puff' a hemp product?"
Plaintiff attorney: Objection, how do we know he knows what 'puffing' a hemp product means.
Stevenson is permitted to explain what his interpretation of "puffing" is, which he describes as smoking or vaping.
The Texas AG lawyer brought up this website: AG: "What do you understand this exhibit to show?" Stevenson: "Bulk concentrates."
AG asks Stevenson to read product names, "Passion Orange Guava (Badder) and "MAC 1 (Sugar/Crumble)" https://t.co/Hq7s73Cw0Q
Texas AG: "What do you understand the word 'badder' to indicate?"
Stevenson: "Potent, a potent product."
AG: What does "sugar crumble" mean?
Stevenson: It could mean...
Plaintiffs: Objection
Judge: Sustained
They're now going over a certificates of analysis that indicates a Delta-9 THC and THCA level that include a "total THC" figure.
Stevenson says it's using the 87.7% conversion formulae, the same as the DSHS rules.
Apologies for any typos throughout my thread.
Texas AG: Have you ever made brownies before? Stevenson: "Yes, sir." Texas AG: Approximately what temperature did you bake them at? Plaintiff: Objection, your honor, we don't even know what kind of brownies these are. Judge: Overruled Stevenson: 350 to 375
Texas AG: What is the product name here on exhibit 8? Stevenson: "Passion orange guava" AG: "What is the date? Stevenson: 2-9-2026 AG: What is reported percentage of Delta-9 THC? Stevenson: 0.19% Delta-9 AG: What is reported percentage of THCA? Stevenson: 79% (I didn't catch exact number) AG: By what method is total THC calculated? Stevenson: Liquid chromatography, specifying the total THC Includes the 0.877 conversion factor plus Delta-9 THC. So total THC combines those two.
Texas AG lawyer is bringing up the websites of hemp companies suing the state and asking Dr. Stevenson to comment on their certificates of analysis.
Stevenson says the reports include a "total THC" metric using the same formula used by DSHS (treating THCA as 87.7% Delta-9).
Texas AG: About how many hemp retailers and manufacturers are in Texas? Stevenson: "Combined, approximately 14,400" AG: How many inspectors does DSHS have to inspect those businesses? Stevenson: Seven
AG: What does increasing number of hemp operators say about the number of tests DSHS needs to perform? Stevenson: "They should increase."
Texas AG: How has the number of hemp retailers and manufacturers increased or decreased since March 31 of this year? Stevenson: I have a number for March before the rules, and a number for yesterday, and it has increased.
AG: Prior to implementation of the new rules, how frequently was DSHS able to inspect hemp businesses?
Stevenson: We had projected 11,000 combined and that would have taken 6 or 7 years to inspect each once.
Texas AG: Do hemp businesses have to be inspected before they get a license? Stevenson: No AG: Are there any licensed businesses that have never been inspected? Stevenson: Yes
Texas AG: If a business opened tomorrow, how long would it take for them to be inspected?
Plaintiff: Objection, that calls for spectulation.
Judge: Sustained
Texas AG: How frequently is DSHS seeking to inspect businesses under the new rules.
Stevenson: Every two years would be our target.
AG: Why would you inspect and test more frequently?
Stevenson: To ensure they comply with the regulations and statutes.
Texas AG done with witness for now. Judge calls for 15 minute break. Next, plaintiffs' attorney will cross-examine Dr. Stevenson.
Court is back.
Plaintiff attorney: You're not testifying as an expert in this case right?
Stevenson: Correct
Plaintiff attorney: Do you understand that we're not challenging all the regulations and you can still go after bad actors?
Stevenson: Yes
Plaintiff: No further questions
Moving to closing arguments now.
Plaintiff attorney starts by saying the Texas AG team has been very civil and professional.
On to closing argument.
"This is a separation of powers case." Legislature has considered but never enacted amendments to the law governing this industry.
"The 2026 rules effectively do what the governor refused to do when he vetoed SB3 in 2025," plaintiff attorney says.
"The rule makers enacted a series of rules that imposes a total THC compliance standard that ... make a large majority of products that are legal under the statutes illegal under the rules."
"These products become illegal under the rules, and that's exactly what they cannot do. That's why [the rules] are illegal."
"When bureaucrats write rules that dismantle an entire industry with the stroke of a pen, the people of the state of Texas have no recourse except to vindicate their rights in your honor's court," hemp industry attorney says.
Plaintiff attorney going over all this again. https://t.co/pJQwxImIl5
Plaintiff attorney says the intent of the rules was to kill the hemp industry in Texas.
"These fees are not tied to any regulatory cost. Not even close to it. But instead function to ... essentially destroy an industry."
"Agencies do not have authority to impose taxes," hemp attorney says. "But that's what they've done."
Plaintiff lawyer says DSHS acknowledged significant economic impact but didn't "substially comply" with the Administrative Procedures Act. "There wasn't even a laughable attempt. Why?" "They're trying to kill the industry, not follow the law," he said. https://t.co/HsCERJUwdy
This is the plaintiff slide explaining a claim around the Administrative Procedures Act. https://t.co/sdgwut30L4
Plaintiff attorney says the regulations will cause immediate and irreparable harm. https://t.co/0ecHFM7wgM
Plaintiff attorney says without a temporary injunction, consumers may turn to "less safe and potentially black market alternatives."
"A rippling effect that is beyond economic calculus. ... The exact thing the state says what they want won't happen. ... Reduced transparency."
"The people who are trying to limit their alcohol intake, what happens to them? Those are real world harms," plaintiff attorney says.
Pivots to loss in sales tax revenue and economic activity. Says rules would harm Texas' reputation a place with "predictable rules."
Plaintiff attorney reiterates they're asking for statewide injunction and says the district court has authority to extend relief to hemp businesses that aren't involved in the lawsuit.
Lunch break. They'll be back at 1:30.
No ruling today. Probably tomorrow. I’ll post whenever I get it.
For anyone else wondering where the Friday at 5 pm deadline comes from
